• Embed Doc
  • Copy Link
  • Readcast
  • Collections
  • CommentGo Back
Download
 
Employment Law E-Update | October 2007
 AuthorE.Jason Tremblay
312.876.6676ejtremblay@arnstein.com
 The Illinois Human Rights Act Now ProvidesEmployees With Access To A Jury Trial in State Court
 Traditionally,employees with harassment or discrimination claims in Illinois had to initially maintain them before the Illinois Department ofHuman Rights ("IDHR"),a stateadministrative agency,or the U.S.Equal Employment Opportunity Commission("EEOC").However,due to recent amendments to the Illinois Human Rights Act("IHRA"),which take effect on January 1,2008,employees in Illinois will now be able toessentially disregard the IDHR investigative process and sue their employers forharassment or discrimination in Illinois state courts. As a matter ofbackground,under existing federal and state employment practice laws,anemployee alleging harassment or discrimination based on various protected classifications(such as age,sex,race or disability) is first required to file a "charge ofdiscrimination" witheither the federal administrative agency (the EEOC) or the state administrative agency (theIDHR).These respective agencies are statutorily obligated to investigate such chargesand,absent a settlement between the parties,the agencies ascertain whether discriminationor harassment occurred in the workplace.Prior to this recent legislation,ifthe IDHR Investigator did not find evidence of discrimination or harassment (which was often the case),the matter would be dismissed,leaving the charging employee with only the ability to appeal the dismissal to the Chief Legal Counsel ofthe IDHR.Alternatively,ifthe Investigator did find that discriminationor harassment occurred,the IDHR would file a complaint on the complaining employee'sbehalfwith the Illinois Human Rights Commission ("Commission") and the matter wouldproceed to a trial before an Administrative Law Judge.Significantly,the trial would be abench trial,as no jury trials are conducted before the Commission. The recent amendments to the IHRA significantly change the legal risks facing Illinoisemployers.First and foremost,allowing employees to file a state court action meansemployees will be able to seek a trial by jury (as opposed to a hearing before an Administrative Law Judge),even ifthe IDHR fully investigates and dismisses the chargefor lack ofevidence.This is a real problem for employers in Cook County,where juriestend to be plaintifffriendly and verdicts tend to be higher than elsewhere in Illinois.Second,unlike the administrative proceedings before the IDHR and the Commission inthe past,there will likely be significantly more discovery allowed to the employee in thestate court proceeding,which means increased costs oflitigation for employers,more timespent fighting discrimination claims,and a greater likelihood ofadverse publicity and large verdicts.
 
Employment Law E-Update
A
RNSTEIN
&
L 
EHR LLP
Attorneys at Law
 A 
RNSTEIN &
L
EHR LLP
Chicago,Illinois
120 South Riverside Plaza,Suite 1200Chicago,IL 60606phone 312.876.7100 fax 312.876.0288
Hoffman Estates,Illinois
2800 West Higgins Road,Suite 425Hoffman Estates,IL 60169phone 847.843.2900 fax 847.843.3355
Springfield,Illinois
808 South Second StreetSpringfield,IL 62704phone 217.789.7959 fax 312.876.6215
Boca Raton,Florida
2424 North Federal Highway,Suite 462Boca Raton,FL 33431phone 561.322.6900 fax 561.322.6940
Fort Lauderdale,Florida
200 East Las Olas Boulevard,Suite 1700Fort Lauderdale,Florida 33301phone 954.713.7600 fax 954.713.7700
Miami,Florida
200 South Biscayne Boulevard,Suite 3600Miami,FL 33131phone 305.374.3330 fax 305.374.4744
 Tampa,Florida
 Two Harbour Place302 Knights Run Avenue,Suite 1100 Tampa,Florida 33602phone 813.254.1400 fax 813.254.5324
 West Palm Beach,Florida
515 North Flagler Drive,Suite 600 West Palm Beach,FL 33401phone 561.833.9800 fax 561.655.5551
Milwaukee,Wisconsin
7161 North Port Washington RoadMilwaukee,WI53217phone 414.351.2440 fax 414.352.6901
 www.arnstein.com
© 2007 ARNSTEIN & LEHR LLP
of 00

Leave a Comment

You must be to leave a comment.
Submit
Characters: ...
You must be to leave a comment.
Submit
Characters: ...